BVA Case 23047753: Back

BVAReal Board of Veterans' Appeals decision · August 30, 2023 · B. MULLINS

Outcome
Dismissed / Granted / Remanded
Decision Date
August 30, 2023
Judge
B. MULLINS
Service Era
Not specified

Conditions Claimed

BackHipHeadacheSkinHeartDiabetesRespiratoryGIHypertension

What would this rating pay you? (2026 rates)

Official 2026 VA monthly compensation, including the 2.8% COLA increase.

per month ·  per year, tax-free

Dependent add-ons start at a 30% rating. Child-only and dependent-parent rates: see the full 2026 pay chart.

2026 base rates, all ratings (veteran alone)
RatingMonthly (2026, incl. 2.8% COLA)
10%$180.42
20%$356.66
30%$552.47
40%$795.84
50%$1,132.90
60%$1,435.02
70%$1,808.45
80%$2,102.15
90%$2,362.30
100%$3,938.58
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Issues on Appeal

BackHipHeadacheSkinHeartDiabetesRespiratoryGI

Why It Was Decided This Way

A grant for service connection for a disability requires: (1) a present disability or persistent or recurrent symptoms of a disability; (2) an in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship ("nexus") between the present disability and the in-service event, injury, or disease.

2006) ("[T]he Board cannot determine that lay evidence lacks credibility merely because it is unaccompanied by contemporaneous medical evidence").

When there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter, the VA shall give the benefit of the doubt to the claimant.

He reported that he has the pain every other day and that it is not related to food.

He reported that the pain occurred every other day and was not related to his food.

The examiner concluded that they did not find any nexus has been established for direct service connection or for aggravation.

This condition was diagnosed over 20 years after the Veteran's service and was not related to service or incurred in service.

They further explained that diverticulosis has a clear and specific diagnosis that is not related to toxic exposures.

Authorities Cited

Ardison v. BrownBloom v. WestBuchanan v. NicholsonCombee v. BrownGrantham v. BrownJandreau v. NicholsonRodriguez v. PeakeSee Acevedo v. ShinsekiSee Barr v. NicholsonSeri v. NicholsonSteff v. NicholsonStefl v. NicholsonWalker v. Shinseki

Regulations Cited (38 CFR / 38 USC)

38 CFR 19.5538 CFR 20.130338 CFR 3.10238 CFR 3.15938 CFR 3.30338 CFR 3.303(a)38 CFR 3.31738 CFR 3.317(a)38 CFR 3.317(a)(2)38 CFR 3.317(a)(2)(ii)38 CFR 3.317(a)(3)38 CFR 3.317(a)(4)38 CFR 3.317(b)38 CFR 3.317(e)(1)38 USC 111038 USC 111738 USC 1117(a)(1)38 USC 5107(b)38 USC 710438 USC 7104(a)

Denial Type

Credibility|No Nexus

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Referral disclosure: VetAid earns a referral fee if you become a paying REE Medical client through this link — it helps keep this site free. REE Medical provides paid medical evidence; it is not a law firm, VSO, or claims agent, and VetAid has not independently verified its services. VSOs and VA-accredited representatives will help you file your claim at no cost, and no one can guarantee a rating increase.